New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-06-05
,1p UITON'S BROAD DENIAL
,r,xo Under MRS. STEWARDS oRDERA
v,p1xG REPLY TO THE CHARGE oT

ACliNo
r prpIY TO THE CHARGE OF FRAUD
,.nr ny PRESCOTT HALL BUTLER
49,, ui,ton has put in his answer, by MS
Ex-'uus .,,ornev.G General Leslie W. Russell, 10 tne
,,nt Of Prescott Hall Butler IN inc .a''o, a. 49,
s so,tle,oent under Mrs A. l. stewart W." W.. n.,or
~ ACCOMMODATION by the courts OIL inc WI" - -. .h.
al Mrs stewards grandniecc He receivea W sn'
marrea '' :, s,o o0O and S350.O0o more was Do
VIII ,no 49,, wife and his sons In his complaint MI
49,. chat Judge Hilton was guilty Oh irauo anu
'orv influencing Mrs Stewart so as 10 secure .
onor ~ attorney from her under "nion 10 -
,"o sums Of money which he diverted 70 LIS
Ind,e Hiton's answer Is In the ha.uiu v .h
denial After oonceding certain ioi' I'M "na i,s nro
s Mrs stewards death, the filing Oh her wiz anu W
declares that plaintiff designedly asseheed W
-oha,e of sad will and ooiics, and by MS "oru'
"a o., induced this defendant to assume 'ne ouiuo
come and weighty Responsiveness imposcu '"o!' 49,,
9, No, therefore, entitled to petition for the
thereof" Concerning the nature ana extent "a ''
arts business, the defendant denies'
T. Stewart Co carried on business EeSoe in
than any G;a Ss rnSs Of the
s Sss ss sy
ws In a sa ,Ss time
a ass mot sUT, or
dSRs tfa large
death ss onsns ss Ma ss saSscd BY this
anti s tadt ny ny Sa dis
charging 81 Ts. % 90 psy
bands estate denies mat t mon oars upon due perform
ent q seryices or that the beQuest In any respect
oualifed or conditional ~.
- no, conceded by Judge Hilton that he was Mr.
stewards general counsel in legal affairs or that ai'er
the expiration Of Judge he Iesuned tne Prso
lice of the law, but he very candldy admits 'ha' no
the intimate personal associate OF Mt etewar. anu "
confidential adviser IN many matters that MT stewart
reposed great confidence in defendants carefuiness
naot;t,, oto n1y IN
but I'm other respects and regarded defendant as man
uprightness and Of absolute integrity ana
fairness OF conduct and motives in his personal
and conduct and that such entire trust ana conudeoe
and such intimate personal association ana inehusnp
and affection OF Mr. Stewart for this DEFENDANT wero wen
known to Mrs. Stewart He expresses his relations win
Mrs Stewart after husbands death In these terms
Defendant admits that Stewart had been told BY her
husband and rely on the advice OF M ~
N, same accorded wishes desire.
10 what he wished done with the property
left him hsr admits she had absolute and re-
eOnplo,e trust and confidence " an n sy.er in
matters Which Oonsa,sa by her f.
FAR that she knew f9m an meat capacy for Judgment
knoTIedge this defendant "a IS
her. hssand and herself and efforts HI.
ss b. yis With
or business or sss as 81 deS lie
that the said Alexander Stewart had 80 low an dea
p, hi ON the contrary AYERS that the
h %s SG the sroa
that a w .s sns e
reliance upon knowledge acquired by ears o.
ascr%lna nat and adsy which ne ala MOI
deem Unnecessary to even fully convey to her In wrtng
Mr. Hilton denies that the power Of attorney he re-
eeved from Mrs stewart was in any way procured or
Influenced by himself that any Of the transfers OF
him, bnI that ali this was done of her full will and
desire lie claims that while he took care OF her ons
the transfer Of the business of Mr. stewart to himself
no way by sm and says tnst TeR ws
william Libbey to continue the firm business In the
wholesale and retail departments, the same premises
az before until in the year 1882 that after the
stoppage of the business the firms OF t. D. Denning
Of the property owned by this defendant and William
Lbbey transferred 10 those firms that they carried
on business retail store. that defendant still
fies on the Gienham Mills and that the sum Of one
million dollars named in tine deed of transfer was the
IT. stewart as bequeathed to this defendant
In his answer Mr. Hilton aludes to the Garden CITY
Cathedral as a co defendant He explains that the mort
gage for 100000 the uptown store, at Ninthst ana
Broadway, received to secure moneys actually al
vanced Mrs. Stewart At one place he goes LOT MI
Butler with a sharp stick:
And this defendant that the many allegations con-
tanned in gihy complaint herein Mrs stewards
small nieectu capacity, creiuOus nature and other stint
Ier Incapable to contract to MAKE large valuable sits
ohe relatives are unjust incorrect ana st s or G Mt
stewart par tcuary when made by the plaintiff here
bounty to an extent hreequar,ers Of million OF dol
iec VERY y the dasies and Obligations Of her position
and knew well that she was let free with The mems 70 cary
t1ltng either s defendant or OF ASKING permission OF me
his capacity and intelligence accumulated the great fortune
which he left at his DEATH knew better than any one % the
icd has conception thereof by the viii which he left behind
lives though daily and having unrestricted
psaaoai shape the nsSuans Of the necessity
placing restraint her business transactions now 80 boldly
charged for the first time by this plaintiff after her death
II is claimed by the Judge that Mrs. Stewards brother
Charles Clinch knew and approved ner course with
regard TO her affairs. The "Womans Hotel" Is referred
10 as follows:
lie admits the said woman's Hotel not designed
o me obtaining pr9n ~, sIgeS al n M
benefit OF needing hotel in the city Of
Of tho said stewart at great cost; and also sd
den CITY was conceived by Stewart her husbands
a Sn nS @ me S a % e% he h &
Woans Hotel 10 De FURNISHED and opened AMI The expert
io the purpose stated in this answer but That after
factory i and The demonstration That ths running OF me
iew without any satisfactory results in The Convenience
whose and benefit TIE hotel was erected the by her
and ~ aiterward maintained
The Garden City charities and improvements are
claimed TO require much less money for their completion
Than the originally named in her Will, inasnuch
part of the work was done during her lifetime.
and it is declared:
objects provided Tor theren should be carried out for
not e1cSns @ ds Of e Sasoss
ing defendants OF the value thereof viii exceed
the Of IS 10000 And this defendant AYERS, in re
tpect the said trust yot remaining 70 DO executed
Ia regard the said cathedral, schools and Other
herewith that he IL OF making
and ready 10 make prompt and suitable disposition in re
regard being had TO the weso the trus
defendant the cathedral that this defendant
hight entirely OF said and that the remain
connection with the said
tate be thcreupon promptly aud Justly executed all
which might havo been Initiated and largely not wholly
before tho present time but for the pendenoy OF THU
The answer points the lapse OF time between tn,
alleged of action and the service OF the complain
significant Ii claims that Mrs stewart frequently dis
posed OF her property by gift and alleges:
That part OF design OF the said Cornea NJ Stewart II
the disposition OF her property In life and by wal
was that by which she gave TO the plaintiff and ms family